funding opportunity title announcement type … · funding opportunity title: community connect...

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1 FEDERAL AWARDING AGENCY NAME: United States Department of Agriculture, Rural Development, Rural Utilities Service (RUS). FUNDING OPPORTUNITY TITLE: Community Connect Grant Program. ANNOUNCEMENT TYPE: Funding Opportunity Announcement. FUNDING OPPORTUNITY NUMBER: RDRUS-CC-2021. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NUMBER: 10.863. The Rural Utilities Service (RUS), an agency of the United States Department of Agriculture (USDA), hereinafter referred to as RUS or the Agency, announces its Community Connect Grant Program application window for Fiscal Year (FY) 2021. A nationally competitive program, the Community Connect Grant Program attracts hundreds of submissions during the 90-day application window. If program funding is available for the fiscal year, the Agency is often only able to finance a small fraction of the applications. To increase the range of applicants that will be successful in FY 2021, only ONE application per applicant is eligible for approval. If an applicant submits more than one application, then the Agency will only consider the application with the highest score. APPLICATION DUE DATE: December 23, 2020 SUBMISSIONS: All applications under this Funding Opportunity Announcement (FOA) must be submitted electronically at: https://www.rd.usda.gov/community-connect. Electronic submissions must be received no later than December 23, 2020 at 11:59 p.m.

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Page 1: FUNDING OPPORTUNITY TITLE ANNOUNCEMENT TYPE … · FUNDING OPPORTUNITY TITLE: Community Connect Grant Program. ANNOUNCEMENT TYPE: Funding Opportunity Announcement. FUNDING OPPORTUNITY

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FEDERAL AWARDING AGENCY NAME: United States Department of Agriculture,

Rural Development, Rural Utilities Service (RUS).

FUNDING OPPORTUNITY TITLE: Community Connect Grant Program.

ANNOUNCEMENT TYPE: Funding Opportunity Announcement.

FUNDING OPPORTUNITY NUMBER: RDRUS-CC-2021.

CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NUMBER: 10.863.

The Rural Utilities Service (RUS), an agency of the United States Department of

Agriculture (USDA), hereinafter referred to as RUS or the Agency, announces its

Community Connect Grant Program application window for Fiscal Year (FY)

2021.

A nationally competitive program, the Community Connect Grant Program attracts

hundreds of submissions during the 90-day application window. If program funding is

available for the fiscal year, the Agency is often only able to finance a small fraction of

the applications. To increase the range of applicants that will be successful in FY 2021,

only ONE application per applicant is eligible for approval. If an applicant submits

more than one application, then the Agency will only consider the application with the

highest score.

APPLICATION DUE DATE: December 23, 2020

SUBMISSIONS: All applications under this Funding Opportunity Announcement (FOA)

must be submitted electronically at: https://www.rd.usda.gov/community-connect.

Electronic submissions must be received no later than December 23, 2020 at 11:59 p.m.

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Eastern Standard Time (EST) to be eligible for funding under this grant opportunity.

Applicants will not be able to submit their applications after the deadline. Paper

submissions of applications will not be accepted.

FOR MORE INFORMATION: Questions about this announcement can be submitted

electronically through the Contact Us, Contact Support Form available on the

Community Connect website at: https://www.rd.usda.gov/programs-services/community-

connect-grants#blocktabs-program_page--45.

SUPPLEMENTARY INFORMATION:

A. Program Description

The Community Connect Grant Program provides financial assistance to eligible

applicants that will provide service at or above the Broadband Grant Speed to all

premises in rural, economically-challenged communities where broadband service

does not exist. The Broadband Grant Speed for FY 2021 is defined in Section C of

this announcement. The deployment of broadband services on a “community-oriented

connectivity” basis stimulates economic development and provides enhanced

educational and health care opportunities in rural areas. RUS will give priority to rural

areas that demonstrate the greatest need for broadband services, based on the criteria

contained herein.

The regulation for the Community Connect Grant Program can be found at 7 CFR

part 1739.

All applicants should carefully review and prepare their applications according to

instructions in the FY 2021 Community Connect Grant Program Application Guide

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(Application Guide). The Application Guide, FOA, and additional resources can be found

at https://www.rd.usda.gov/community-connect. Expenses incurred in developing

applications will be at the applicant’s own risk.

The Agency encourages applications that will help improve life in Rural America.

See information on the Interagency Task Force on Agriculture and Rural Prosperity

found at www.usda.gov/ruralprosperity. Applicants are encouraged to consider projects

that provide measurable results in helping rural communities build robust and

sustainable economies through strategic investments in infrastructure, partnerships and

innovation. Key strategies include:

• Achieving e-Connectivity for Rural America

• Developing the Rural Economy

• Harnessing Technological Innovation

• Supporting a Rural Workforce

• Improving Quality of Life

B. Federal Award Information

1. Maximum and Minimum Awards. Pursuant to 7 CFR 1739.2, the Administrator

has established that the minimum grant amount of $100,000 and the maximum grant

amount of $3,000,000 will be applied to this grant opportunity.

2. Award Documents. The Agency will make awards, and the awardees will be

required to execute the required grant documents before funding will be advanced.

Award documents specify the term of each award. The standard grant agreement is

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available at: https://www.rd.usda.gov/community-connect.

3. Current Awards and New Projects. While prior Community Connect grants

cannot be renewed, existing Community Connect awardees can submit applications for

new projects. The Agency will evaluate project proposals from existing awardees as

new applications. Only one grant application per applicant is eligible for approval under

this grant opportunity.

4. Substantially Underserved Trust Areas (SUTA). Applicants seeking assistance

may request consideration under the SUTA provisions in 7. U.S.C. 936f.

(a) If the Administrator determines that a community within “trust land” (as

defined in 38 U.S.C. 3765) has a high need for the benefits of the Program, the

Administrator may designate the community as a “substantially underserved trust area”

(as defined in section 306F of the RE Act).

(b) To receive consideration under SUTA, the applicant must submit to the

Agency a completed application that includes all information requested in 7 CFR part

1700, subpart D. In addition, the application must identify the discretionary authorities

within subpart D that it seeks to have applied to its application.

C. Eligibility Information

1. Eligible Applicants (See 7 CFR 1739.10)

a. Only entities legally organized as one of the following are eligible

for Community Connect Grant Program financial assistance:

i. Incorporated organization;

ii. Indian tribe or tribal organization, as defined in 25 U.S.C. 5304;

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iii. State government;

iv. Local unit government;

v. Any other legal entity, including a cooperative, private corporation,

or limited liability company organized on a for-profit or not-for-profit basis.

b. Applicants must have the legal capacity and authority to enter into contracts,

to comply with applicable federal statutes and regulations, and to own and operate the

broadband facilities as proposed in their application.

c. Applicants must have a Dun and Bradstreet Data Universal Numbering

System (DUNS) number and an active registration, with current information, in the

System for Award Management (SAM) at https://www.sam.gov. Further information

regarding DUNS number acquisition and SAM registration can be found in Sections

D(3) and D(4) of this document.

d. Corporations that have been convicted of a Federal felony within the past

24 months are not eligible. Any corporation that has been assessed to have any unpaid

federal tax liability, for which all judicial and administrative remedies have been

exhausted or have lapsed and is not being paid in a timely manner pursuant to an

agreement with the authority responsible for collecting the tax liability, is not eligible

for financial assistance.

2. Cost Sharing or Matching

The Community Connect Grant Program requires matching contributions. See 7

CFR 1739.14 and the Application Guide for information on required matching

contributions.

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a. Grant applicants must demonstrate matching contributions in cash of at least

15 percent of the requested grant amount. Matching contributions must be used

solely for the project and must not include any financial assistance from federal

sources unless there is a federal statutory exception specifically authorizing the

federal financial assistance to be considered as such.

b. Applications that do not provide sufficient documentation of the required

15 percent match will be deemed ineligible.

3. Funding Restrictions

a. Eligible grant purposes. See 7 CFR 1739.12.

Grant funds may be used to finance the following:

i. The construction, acquisition, or leasing of facilities, including

spectrum, land or buildings used to deploy service at the Broadband Grant Speed

to all residential and business customers located within the Proposed Funded

Service Area and all participating Essential Community Facilities, as defined in 7

C.F.R. 3570.53;

ii. The improvement, expansion, construction, or acquisition of a

Community Center that furnishes free internet access at the Broadband Grant

Speed and provides Computer Access Points. Grant funds for the Community

Center must not exceed the lesser of 10 percent of the requested grant amount or

$150,000; and

iii. The cost of bandwidth necessary to provide service free of charge

at the Broadband Grant Speed to each Essential Community Facility for the first

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two years of operation.

b. Ineligible grant purposes. See 7 CFR 1739.13.

Grant funds may not be used to finance:

i. The duplication of lines, facilities, or systems providing Broadband

Service.

ii. Operating expenses not specifically permitted in 7 CFR 1739.12.

4. Other

Eligible projects must propose to fulfill the following requirements (see 7 CFR

1739.3 and 1739.11 for more information):

a. Proposed Funded Service Area (PFSA). The applicant must define a

contiguous geographic area, located entirely within a rural area, in which Broadband

Service does not exist and where the applicant proposes to offer service at the

Broadband Grant Speed to all residential and business customers. The PFSA may

consist of multiple municipalities and may be located in more than one state.

i. Rural Area refers to any area, as confirmed by the most recent

decennial Census of the United States, which is not located within a city, town, or

incorporated area that has a population of greater than 20,000 inhabitants; or an

urbanized area contiguous and adjacent to a city or town that has a population of greater

than 50,000 inhabitants. For purposes of the definition of Rural Area, an urbanized area

means a densely populated territory as defined in the most recent decennial Census.

ii. Broadband Service exists if the rate-of-data transmission in an area

is at least 10 megabits per second (Mbps) downstream and 1 Mbps upstream for fixed

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broadband service. RUS will validate that Broadband Service does not exist in areas

that applicants describe as having no broadband access or access that is less than 10

Mbps downstream plus 1 Mbps upstream.

iii. The Broadband Grant Speed, which is the minimum bandwidth that

an applicant must provide to every customer in the PFSA, is 25 Mbps downstream and 3

Mbps upstream for fixed or mobile service.

iv. A PFSA must not overlap with service areas of current RUS

borrowers and grantees.

b. Essential Community Facilities. The applicant must propose to offer free

service at the Broadband Grant Speed to all participating Essential Community

Facilities located within the PFSA for at least two years.

c. Community Center. The applicant must provide a Community Center

within the PFSA. Grant funds must be used to provide a minimum of 2, and up to 10,

Computer Access Points at the Community Center. The Community Center must also

provide wireless access at the Broadband Grant Speed, free of all charges, to all users

for at least two years.

D. Application and Submission Information

The Application Guide provides specific, detailed instructions for each item in a

complete application. The Agency emphasizes the importance of including every

item and strongly encourages applicants to follow the instructions carefully, using

the examples and illustrations in the Application Guide. Prior to official submission

of applications, applicants may request technical assistance or other application

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guidance from the Agency, as long as such requests are made prior to the closing of

the application window. Agency contact information can be found in Section G of

this announcement.

The Agency will not solicit or consider new scoring or eligibility information that

is submitted after the application deadline. The Agency reserves the right to contact

applicants to seek clarification on materials contained in the submitted application. See

the Application Guide for a full discussion of each item. For requirements of

completed grant applications, refer to 7 CFR 1739.15.

For FY 2021, one proposal per applicant is eligible for approval. If an applicant

submits more than one proposal, then the Agency will only consider the application with

the highest score.

1. Request Application Package. Electronic copies of the Application Guide

and copies of forms and resources are available at:

https://www.rd.usda.gov/community-connect.

2. Content and Form of Application Submission.

a. Carefully review the Application Guide and 7 CFR part 1739, which detail

all relevant forms and worksheets. A table summarizing the components of a complete

application can be found in this section.

b. Submission of Application Items. Given the high volume of program

interest, applicants should submit the application items in the order indicated in the

Application Guide. Applications that are not assembled and tabbed in the specified

order prevent timely determination of eligibility.

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c. Table of Application Items.

Application Item Regulation Comments

Application for Federal Assistance Form (SF-424 Standard Form)

7 CFR 1739.15(a)

Form provided in Application

Guide

SAM Registration Information 7 CFR 1739.10 and 1739.15(j)

Worksheet provided in

Application Guide

Executive Summary of the Project

7 CFR

1739.15(b) and 1739.9

Narrative, including a publicly releasable section that describes the population served

Scoring Criteria Documentation 7 CFR

1739.15(c)

Narrative & Documentation

System Design 7 CFR

1739.15(d) Narrative & Documentation

Network Diagram 7 CFR

1739.15(d)

Documentation

Environmental Questionnaire 7 CFR part

1970 Narrative & Documentation

Service Area Map 7 CFR

1739.15(e)

Provided in the Proposed Funded

Service Area Mapping Tool

Service Area Demographics 7 CFR

1739.15(e)

Documentation

Scope of Work 7 CFR 1739.15(f)

Narrative & Documentation

Construction Build-out and Project Milestones

7 CFR 1739.15(f)

Worksheet provided in Application Guide

Project Budget 7 CFR 1739.15(f)

Worksheet provided in Application Guide

Community-oriented Connectivity Plan

7 CFR 1739.15(g)

Narrative

Financial Information and Sustainability

7 CFR 1739.15(h)

Narrative & Documentation

Statement of Experience 7 CFR 1739.15(i)

Narrative

Additional Funding 7 CFR 1739.15(k)

Narrative & Documentation

Compliance with other Federal Statutes

7 CFR 1739.15(m)

Addressed by providing Financial Assistance Certifications and Representations in www.SAM.gov

Equal Opportunity and Nondiscrimination

7 CFR 1739.15(m)(1)

Addressed by providing Financial Assistance Certifications and Representations in www.SAM.gov

Assurance Agreement

7 CFR 1739.15(m)(1)

Addressed by providing Financial Assistance Certifications and Representations in www.SAM.gov

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Uniform Relocation

Assistance and Real

Property Acquisition Policies Act of 1970

49 CFR part 24 and 7 CFR part 21

Form provided in Application Guide

Debarment, Suspension, and Other Responsibility Matters

7 CFR 1739.15(m)

Addressed by providing Financial Assistance Certifications and Representations in www.SAM.gov

Lobbying for Contracts, Grants, Loans, and Cooperative Agreements

7 CFR

1739.15(m)

Addressed by providing Financial Assistance Certifications and Representations in www.SAM.gov

Drug-Free Workplace 7 CFR 1739.15(m)

Addressed by providing Financial Assistance General Certifications and Representations in www.SAM.gov

Architectural Barriers 7 CFR 1739.15(m)

Form provided in Application Guide

Flood Hazard Area Precautions 7 CFR 1739.15(m)

Form provided in Application Guide

Non-Duplication of Services 7 CFR 1739.15(m)

Form provided in Application Guide

Federal Collection Policies for Commercial Debt

7 CFR 1739.15(m)

Form provided in Application Guide

Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants

7 CFR 1739.15(m)

Addressed by providing Financial Assistance General Certifications and Representations in www.SAM.gov (corporate applicants-only)

3. Dun and Bradstreet Universal Numbering System (DUNS) Number. The

applicant must provide a DUNS number as part of the application. The applicant can

obtain the DUNS number free of charge by calling Dun and Bradstreet. Go to:

http://fedgov.dnb.com/webform for more information on acquiring a DUNS number or

for confirmation that a valid DUNS is in place.

4. System for Award Management (SAM). Prior to submitting an application, the

applicant must register in SAM at https://www.sam.gov. Throughout the RUS

application review and the active Federal grant funding period, SAM registration must

be active with current data at all times. To maintain an active SAM registration, the

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applicant must review and update the information in the SAM database annually from

the date of initial registration or from the date of the last update. The applicant must

ensure that the information in the database is current, accurate, and complete. In

addition, the applicant must make the certifications and representations required of

entities which are applying for or have received funding under any Federal financial

assistance project or program.

5. Buy American Requirement. Awardees shall use in connection with the

expenditure of grant funds only such unmanufactured articles, materials, and supplies,

as have been mined or produced in the United States or in any eligible country, and only

such manufactured articles, materials, and supplies as have been manufactured in the

United States or in any eligible country, substantially all from articles, materials, or

supplies mined, produced, or manufactured, as the case may be, in the United States or

in any eligible country. For purposes of this section, an ‘‘eligible country’’ is any

country that applies with respect to the United States an agreement ensuring reciprocal

access for United States products and services and United States suppliers to the

markets of that country, as determined by the United States Trade Representative. The

Buy American regulations may be found at, and any requests for waiver must be

submitted pursuant to, 7 CFR part 1787.

6. Submission Dates and Times. Electronic applications must be submitted no later

than December 23, 2020 at 11:59 p.m. ET, to be eligible for funding under this grant

opportunity. Incomplete applications are not eligible for funding under this grant

opportunity.

a. Applications will not be accepted via mail, fax or electronic mail.

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b. Electronic applications for grants must be submitted through the Community

Connect Portal. The Community Connect Portal can be found on the Community Connect website

at: https://www.rd.usda.gov/community-connect.

c. The Community Connect Portal requires all users to obtain Level II

eAuthentication accounts and for applicant users to submit an Authorized Representative

Request (ARR) and a resolution in order to access the portal to submit an application.

These procedures may take several business days to complete; therefore, the applicant

should complete the registration, credentialing, and authorization procedures before

submitting an application. Instructions on creating a Level II eAuthentication account are

available at: https://www.eauth.usda.gov/home/.

d. If system errors or technical difficulties occur, use the Contact Us, Contact

Support Form available on the Community Connect website and the Community Connect

Portal.

E. Application Review Information

1. Criteria.

Grant applications are evaluated for financial and technical feasibility, in

accordance with 7 CFR 1739.16. An application that contains flaws that would prevent

the successful implementation, operation, or sustainability of the project will not be

approved for an award.

In addition, grant applications are scored competitively. The Agency will

consider the following criteria based on a scale of 100 possible points. Refer to 7 CFR

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1739.17 and the Application Guide for more information on the scoring criteria.

a. Needs Category (up to 50 points). The Agency analyzes the challenges

related to the following criteria and the ways in which the project proposes to address

these issues:

i. Economic characteristics.

ii. Educational challenges.

iii. Health care needs.

iv. Public safety issues.

b. Stakeholder Involvement Category (up to 40 points). The Agency analyzes

the extent of the project planning, development, and support from local residents,

institutions, and Essential Community Facilities. Documentation must include evidence

of community-wide involvement, as exemplified by community meetings, public

forums, and surveys. In addition, applicants should provide evidence of local residents'

participation in the project planning and development.

c. Experience Category (up to 10 points). The Agency analyzes the

management team’s level of experience and past success of broadband systems

operation.

d. In making a final selection among and between applications with

comparable rankings and geographic distribution, the Administrator may take into

consideration the characteristics of the PFSA. Applicants should therefore specifically

address the criteria identified in 7 CFR 1739.17(d).

2. Ineligible Areas

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a. Non-Rural Areas. RUS will not fund projects located in an area that does not

meet the definition of "rural area" found in 7 CFR 1739.3.

b. Pending Applications. RUS will not fund more than one project that

proposes to provide broadband service in the same geographic area. If a project

overlaps the PFSA of an application already submitted to the Rural eConnectivity

Program (ReConnect Program), the Telecommunications Infrastructure Loan and

Loan Guarantee Program, or the Rural Broadband Access Loan and Loan Guarantee

Program, the project will not be considered until a determination is made on the

previously submitted application.

c. Existing RUS Project Service Areas. RUS will not fund a project over

current RUS borrowers and grantees of the ReConnect Program; the

Telecommunications Infrastructure Loan and Loan Guarantee Program; the Rural

Broadband Access Loan and Loan Guarantee Program; the Broadband Initiatives

Program (BIP); or this Program. Additionally, with respect to current RUS

borrowers, all of the service area(s) of the RUS borrower are protected, and therefore

ineligible areas.

3. Review and Selection Process.

a. The Agency will publish a Public Notice of each application. The

application must provide a summary of the information required for such public notice

including the following:

i. The identity of the applicant;

ii. A map of the proposed funded service area showing the rural area

boundaries and the areas without sufficient access to broadband using the Agency’s

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Public Notice Filing Mapping Tool;

iii. The amount and type of support requested;

iv. The estimated number of households without sufficient access to

broadband in each service area exclusive of satellite and mobile broadband service; and

v. A description of all the types of services that the applicant proposes to

offer in the proposed funded service area.

b. Notification After the Application Has Been Received. The Agency will

publish the public notice on an Agency web page after the application has been

submitted through the online application system, which will remain on the web page for

a period of 45 calendar days. The notice will ask existing fixed, terrestrial service

providers to submit to the Agency, within this notice period, the following information:

i. The number of residential and business customers within the

applicant’s service area currently purchasing broadband service, defined as a minimum

speed of 10 Mbps downstream and 1 Mbps upstream, the rates of data transmission

being offered, and the cost of each level of broadband service charged by the existing

service provider;

ii. The number of residential and business customers within the

applicant’s service area receiving voice and video services and the associated rates for

these other services; and

iii. A map showing where the existing service provider’s services

coincide with the applicant’s service area using the Agency’s Mapping Tool. Please

note that the Agency will be contacting any entity that responds to the notice and will

be requesting additional information such as test results that demonstrate that the area in

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question has sufficient access to broadband service.

c. Agency Determination of Sufficient Access to Broadband in PFSA. The

Agency will use the information submitted to determine if there is sufficient access to

broadband in any part of the proposed funded service area. Notwithstanding non-

responses by actual and potential providers, the Agency will use all information

available in evaluating the feasibility of the project.

d. Treatment of Submitted Information. The information submitted by an

existing service provider will not be subject to public disclosure under 7 USC

950cc(b)(3).

e. Notice of Application Approval. If an application is approved, an additional

notice will be published on the Agency’s website that will include the following

information:

i. The name of the entity receiving the financial assistance;

ii. The type of assistance being received;

iii. The purpose of the assistance and the location of the proposed funded

service area; and

iv. The annual performance reports submitted for a period of three years

following project completion.

f. Ranking of Eligible Grant Applications. Grants are awarded in rank order,

subject to the availability of funds and consistent with 7 CFR 1739.17. It should be

noted that an application receiving fewer points can be selected over an application

receiving more points in the event that there are insufficient funds available to cover the

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costs of the higher scoring application, as stated in 7 CFR 1739.16(f).

g. The Agency reserves the right to offer the applicant a lower amount than

the amount proposed in the application, as stated in 7 CFR 1739.16(g).

h. If the Agency receives more than one proposal from the same applicant,

then the Agency will only consider the application with the highest score, except in

accordance with 7 CFR 1739.16(f).

F. Federal Award Administration Information

1. Federal Award Notices.

RUS notifies applicants whose projects are selected for awards by mailing

and/or emailing a copy of an award letter. The receipt of an award letter does not

authorize the applicant to commence performance under the award. After sending the

award letter, the Agency will send an agreement that contains all the terms and

conditions for the grant.

An applicant must execute and return the grant agreement, accompanied by

any additional items required by the agreement, within the number of days specified

in the selection notice letter.

2. Administrative and National Policy Requirements.

The items listed in this announcement, the Community Connect Grant

Program regulation, the Application Guide, and program resources implement the

appropriate administrative and national policy requirements, which include but are

not limited to:

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a. Executing a Community Connect Grant Agreement.

b. Using Form SF 270, “Request for Advance or Reimbursement,” to request

reimbursements (along with the submission of receipts for expenditures, timesheets,

and any other documentation to support the request for reimbursement).

c. Ensuring that records are maintained to document all activities and

expenditures utilizing Community Connect grant funds and matching funds (receipts

for expenditures are to be included in this documentation).

d. Complying with policies, guidance, and requirements as described in

the following applicable Code of Federal Regulations, and any successor

regulations:

i. 2 CFR parts 200 and 400 (Uniform Administrative Requirements,

Cost Principles, and Audit Requirements for Federal Awards). The government must be

provided an exclusive first lien on all grant assets during the service obligation of the

grant, and thereafter any sale or disposition of grant assets must comply with the

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for

Federal Awards, codified in 2 CFR part 200. Note that this part will apply to ALL grant

funds of an Awardee, regardless of the entity status or type of organization.

ii. 2 CFR parts 417 and 180 (Government-wide Nonprocurement

Debarment and Suspension).

e. Complying with Executive Order 13166, “Improving Access to Services

for Persons with Limited English Proficiency.” For information on limited English

proficiency and agency-specific guidance, go to https://www.LEP.gov.

f. Accountability and Compliance with Civil Rights Laws. The regulation

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found at 7 CFR part 1901 Subpart E contains policies and procedures for

implementing the regulations of the Department of Agriculture issued pursuant to

Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968,

Title IX, Section 504 of the Rehabilitation Act of 1973, Executive Order 13166,

Executive Order 11246, and the Equal Credit Opportunity Act of 1974, as they relate

to Rural Development. Nothing herein shall be interpreted to prohibit preference to

American Indians on Indian Reservations.

The policies contained in this subpart apply to recipients. As recipients of

federal financial assistance, awardees are required to comply with the applicable

federal, state and local laws. Title VI of the Civil Rights Act of 1964 and Section 504

of the Rehabilitation Act prohibits discrimination by recipients of federal financial

assistance. Recipients are required to adhere to specific outreach activities. These

outreach activities include contacting community organizations and leaders that include

minority leaders; advertising in local newspapers and other media throughout the entire

service area; and including the nondiscrimination slogan, “This is an Equal Opportunity

Program. Discrimination is prohibited by Federal Law,” in methods that may include,

but not be limited to, advertisements, public broadcasts, and printed materials, such as

brochures and pamphlets. All recipients must submit and have on file a valid Form RD

400-1 (Equal Opportunity Agreement); and RD Form 400-4 (Assurance Agreement).

By completing the SAM Certification and Representations, recipients affirm

they will operate the program free from discrimination. The recipient will maintain the

race and ethnic data on the board members and beneficiaries of the program. The

recipient will provide alternative forms of communication to persons with limited

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English proficiency. The Agency will conduct Civil Rights Compliance Reviews on

recipients to identify the collection of racial and ethnic data on program beneficiaries.

In addition, the Compliance Review will ensure that equal access to the program

benefits and activities are provided for persons with disabilities and language barriers.

3. Reporting.

a. Annual Project Performance Activity Report. All recipients of Community

Connect financial assistance must provide annual project performance activity reports to

RUS until the project is complete and the funds are expended. A final performance report

is also required; the final report may serve as the last annual report. The final report must

include an evaluation of the success of the project in meeting the Community Connect

Grant Program objectives. See 7 CFR 1739.19 for additional information on these

reporting requirements.

b. Annual Performance Report. For three years starting the first January 31st

after Project Completion, the Awardee must submit the following information utilizing

RUS’ online reporting system:

i. Existing network service improvements and facility upgrades, as

well as new equipment and capacity enhancements that support high-speed

broadband access for educational institutions, health care providers, and public

safety service providers;

ii. The estimated number of end users who are currently using or

forecasted to use the new or upgraded infrastructure;

iii. The progress towards fulfilling the objectives for which the

assistance was granted;

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iv. The speed and average price of the most subscribed tier of the

Awardee’s broadband service offerings in the Project’s service area; and

v. The average price of broadband service in the Project’s service area;

c. Annual Map Reporting: No later than thirty (30) calendar days after the

end of the Calendar Year, the Awardee shall be required to submit an updated

Approved Project Service Area map through RUS’ online mapping tool showing the

areas where construction has been completed and geospatial location of residences

and businesses that are receiving new broadband service until the entire Approved

Project Service Area can receive the broadband service.

d. Financial Reporting. All recipients of Community Connect financial

assistance must provide an annual audit, consistent with the Community Connect

grant agreement, and the applicable USDA audit regulations at 7 CFR 1739.20, 7

CFR part 1773, and 2 CFR part 200, Subpart F.

e. Recipient and Sub-recipient Reporting. The applicant must have the

necessary processes and systems in place to comply with the reporting requirements

for first-tier sub-awards and executive compensation under the Federal Funding

Accountability and Transparency Act of 2006 in the event the applicant receives

funding, unless such applicant is exempt from such reporting requirements pursuant

to 2 CFR 170.110(b). The reporting requirements under the Transparency Act

pursuant to 2 CFR part 170 are as follows:

i. First Tier Sub-Awards of $25,000 or more (unless they are exempt

under 2 CFR part 170) must be reported by the recipient to https://www.fsrs.gov no

later than the end of the month following the month the obligation was made. There is

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currently underway a consolidation of eight federal procurement systems, including the

Federal Sub-award Reporting System (FSRS), into one system, the System for Award

Management (SAM). As a result, the FSRS will soon be consolidated into and accessed

through https://www.sam.gov.

ii. The total compensation of the recipient’s executives (the five most

highly compensated executives) must be reported by the recipient (if the recipient

meets the criteria under 2 CFR part 170) to https://www.sam.gov by the end of the

month following the month in which the award was made.

iii. The total compensation of the sub-recipient’s executives (the five

most highly compensated executives) must be reported by the sub-recipient (if the sub-

recipient meets the criteria under 2 CFR part 170) to the recipient by the end of the

month following the month in which the sub-award was made.

f. Record Keeping and Accounting. The agreement will contain provisions related to

record keeping and accounting requirements.

G. Federal Awarding Agency Contacts

1. Website: https://www.rd.usda.gov/community-connect. The Community

Connect website maintains up-to-date resources and contact information for the

Community Connect Grant Program.

2. Contact Us: https://www.rd.usda.gov/programs-services/community-connect-

grants#blocktabs-program_page--45

3. Telephone: 202-720-0800

4. Email: [email protected]

5. Main point of contact: Shawn Arner, Deputy Assistant Administrator, Office of

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Loan Origination and Approval, Rural Utilities Service, U.S. Department of

Agriculture.

H. Other Information

USDA Non-Discrimination Statement

In accordance with Federal civil rights law and USDA civil rights regulations and

policies, the USDA, its Agencies, offices, and employees, and institutions participating in

or administering USDA programs are prohibited from discriminating based on race,

color, national origin, religion, sex, gender identity (including gender expression), sexual

orientation, disability, age, marital status, family/parental status, income derived from a

public assistance program, political beliefs, or reprisal or retaliation for prior civil rights

activity, in any program or activity conducted or funded by USDA (not all bases apply to

all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for

program information (e.g., Braille, large print, audiotape, American Sign Language,

etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-

2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800)

877-8339. Additionally, program information may be made available in languages other

than English.

To file a program discrimination complaint, complete the USDA Program

Discrimination Complaint Form, AD-3027, found online at

http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or

write a letter addressed to USDA and provide in the letter all of the information

requested in the form. To request a copy of the complaint form, call (866) 632-9992.

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Submit your completed form or letter to USDA by:

1. Mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, S.W.

Washington, D.C. 20250-9410; or

2. E-mail: [email protected].

USDA is an equal opportunity provider, employer, and lender.